The Department of Corrections is committed to providing a safe and humane environment for offenders. The Department is also committed to acting fairly and impartially in its dealings with offenders, as shown in the process for resolving offender complaints.
A complaint exists when an offender, their family or their representative raises an issue about their sentence management with a member of the Department or an outside agency. This can be done orally or in writing.
A fundamental principle of the Department's complaints procedure is that complaints should be properly resolved at the lowest appropriate level. This could be at Corrections Officer level as part of active management, or at Probation Officer level in relation to community based sentences.
If resolution cannot be achieved at this level the person who received the complaint must refer it to the next appropriate level.
Higher internal levels, in ascending order, are:
The Corrections Act 2004 provides for the appointment of Inspectors of Corrections. They report directly to the Chief Executive and are independent from prison operational management.
The Department's team of seven Inspectors have on average 6000 contacts with offenders per year and investigate up to 3500 formal complaints. On average 3 to 4 percent of complaints are found to be justified.
The Inspectors maintain a 10-weekly cycle of formal prison visits in addition to unannounced visits. In practical terms this means the Inspectors expect to carry out between 90 and 120 site visits a year.
Inspectors undertake around 20 full investigations relating to the safe, fair and humane treatment of inmates per year. They also monitor the progress and outcomes of a further 60 or so internal prison investigations.
While prisons generate most of the Inspectors' workload they are able to investigate complaints and serious incidents relating to community based sentences.
The Inspectors report individual complaints to management at both a local and national level. They also monitor the action required to resolve complaints.
The Senior Inspector reports to the Chief Executive and the Department's Assurance Board on significant or outstanding issues in relation to complaints and investigations. The Assurance Board comprises the Chief Executive (chairperson), General Manager Corporate Management, Director Internal Audit and up to four external members.
An offender can also choose to raise his or her issue with an agency outside the Department. These agencies include:
There are no barriers to offenders making a complaint in confidence directly to any staff member, an Inspector of Corrections or external agency. Such a provision is essential to ensure issues are not suppressed. Confidential mail provision and 0800 phone facilities are in place to facilitate this.
However, action to resolve complaints will not start at a higher level until it is clear the complaint cannot appropriately be resolved at the lower level. Offenders who have not sought resolution at the appropriate lower level will be referred back unless there are compelling reasons why this is not reasonable, practical or safe.
A complaint is resolved when:
Resolution does not require the complainant to be satisfied with the outcome. However, the outcome must be explained in such a way so as to ensure the offender understands how it was reached.
When they are resolved, complaints are categorised as either justified or unjustified.
A justified complaint exists when the agency responsible for the action or outcome that has given rise to the complaint ought to have acted differently. In this case, any one of the following conditions may apply: